5.1.1 General. Off-street parking spaces shall be provided and maintained by the owner of the property for each building or use which, after the effective date of this Ordinance, is erected, enlarged or altered, according to the regulations set out in this section.

5.1.2 Location. Except as otherwise provided herein, all parking spaces required by this Ordinance shall be on the same lot as the building or use which they are intended to serve, except that the Board of Appeals may permit the parking spaces to be provided within four hundred (400) feet of the building or use intended to be served, if the Board determines that it is impractical to provide parking on the same lot with the building. If a separate lot is used for parking, the ownership of the lot must, for all times, be held by the same ownership as the lot on which the building is erected. If the parking lot ownership is separated from the ownership of the building, this shall be deemed a violation, and the Building Commissioner shall void the certificate of occupancy.

5.1.3 Exempt Uses. Notwithstanding any other provisions of this Ordinance, off-street parking shall not be required for any church or other place or worship or secondary school or institution of higher education, with the exception of the State College at Salem where local ordinances shall prevail.

5.1.4 Reduction. Required parking spaces shall not be reduced or encroached upon in any manner unless a change in use occurs which permits a change in the amount of parking area required.

5.1.5 Design. The design of all off-street parking facilities shall conform to the following:

1.

Parking facilities shall be occupied only by passenger cars and commercial vehicles not exceeding seven and one-half (7.5) feet in width and eighteen (18) feet in length.

2.

The minimum dimensions of stalls shall be as follows:

a.

Stall width shall be at least nine (9) feet.

b.

Stall depth shall be at least nineteen (19) feet for all angle parking and twenty-two (22) feet for parallel parking, Such dimensions may include no more than two (2) feet of any landscaped setback area adjacent to the front or rear of a stall and used for bumper overhang.

3.

The minimum width of aisles providing access to stalls for one-way traffic only, varying with the angle of parking, shall be:

4.

Minimum width of aisles providing access to stalls for two-way traffic shall be twenty-four (24) feet, except that aisles providing access primarily for overnight parking may be a minimum of twenty (20) feet.

5.

Parking facilities shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle.

6.

The widths of entrance and exit drives shall be:

a.

Minimum of twelve (12) feet for one-way use only;

b.

Minimum of twenty (20) feet for two-way use, except that driveways providing access primarily for overnight parking, with incidental daytime use, may be a minimum of twelve (12) feet wide; and

c.

Maximum of twenty (20) feet at the street lot line in residence districts and thirty (30) feet in business and industrial districts.

5.1.6 Setbacks. Setbacks for parking areas shall be provided as follows:

1.

In all districts parking stalls in parking lots shall be set back from the street lot line to whatever extent may be necessary in the specific situation, as determined by the Building Commissioner, to avoid the probability of cars backing or otherwise maneuvering on the sidewalk upon entering or leaving the stalls. In no case shall parking lots be designed to require or encourage cars to back into a public or private way in order to leave the lot.

2.

The surfaced area of a parking lot and all entrance and exit drives shall be set back a minimum of two (2) feet from all lot lines, except where an access driveway crosses the street lot line.

5.1.7 Shared Parking. No part of an off-street parking area required by this Ordinance for any building or use shall be included as part of an off-street parking area similarly required for another building or use unless the type of buildings or uses indicates that the usage of such parking area would not occur simultaneously, as determined by the Board of Appeals via the grant of a special permit.

5.1.8 Table of Required Parking Spaces. The number of off-street parking spaces shall be the minimum required for the uses indicated, as set forth in the Table of Required Parking Spaces. Each parking area shall contain not less than three hundred (300) square feet of gross area for each vehicle, including necessary aisles and driveways, and not less than one hundred seventy (170) square feet of area in each parking stall, with each stall a minimum of nine (9) feet in width. A driveway may be considered a parking space for a dwelling, provided that each vehicle has direct access to a street or public way. Notwithstanding any restrictions in this Section 5.1.8, no area within five (5) feet of the street line, including any driveway, shall be considered as a parking space in RC, R1, R2 and R3 Districts. In R3 Districts, the restriction on off-street parking will not apply to age restricted housing projects built under the jurisdiction of the Salem Housing Authority and financed by a federal or state subsidy.

5.1.9 Central Development (B5) District. The parking requirements for the B5 District will be as follows:

1.

Nonresidential uses in the B5 District shall not be required to provide off-street parking since the community will accept the responsibility for nonresidential parking in this district.

2.

New residential dwelling uses in the B5 District shall provide parking in accordance with the following schedule:

a.

Provisions shall be made for not less than one (1) parking space per dwelling unit for existing buildings and one and one-half (1.5) parking spaces per dwelling unit for new construction.

b.

The parking requirements for rehabilitated buildings may be accommodated by either one (1) or a combination of on-site parking and/or parking at municipal or other parking facilities in the vicinity of the proposed use.

c.

The parking requirements for new construction shall be accommodated by on-site parking.

d.

All municipal or other parking facilities which are used to satisfy the parking requirement must meet the following criteria: The parking facility must be less than one thousand (1,000) feet from the proposed development, the distance to be measured in a straight line from the two (2) closest points between the proposed use and the parking facility.

e.

If using a municipal facility, the owner must purchase an annual parking pass to satisfy the parking requirement.

f.

In contrast to all other defined housing, types built under the jurisdiction of the Salem Housing Authority for elderly and/or handicapped persons shall require one-third (1/3) parking space per dwelling unit.

5.1.10 Additional Approval by City Engineer. After the effective date of this Ordinance, any parcel of land which is developed as a parking area for ten (10) or more vehicles or as a drive-in business or automobile, trailer or boat sales or service establishment shall be developed as follows, subject to the approval of the plans therefore by the City Engineer.

1.

Such area, where subject to wheeled traffic, shall be treated with bituminous concrete or equivalent surfacing and shall have appropriate bumper or wheel guards where needed.

2.

A solid wall or fence or compact evergreen screening five (5) feet high shall be erected along all property lines abutting residential uses.

3.

Any light used to illuminate said parking area shall be so arranged as to reflect light away from adjoining premises and streets.

5.2.1 General. Off-street loading spaces or loading areas shall be provided and maintained by the owner of the property for each nonresidential building or use which, after the effective date of this Ordinance, is erected, enlarged or altered, according to the following regulations.

5.2.2 Requirements.

1.

All loading spaces or loading areas required by this Ordinance shall be on the same lot as the building or use which they are intended to serve, and in no case shall any required loading area be part of an area used to satisfy the off-street parking requirements of this Ordinance.

2.

Required loading spaces or loading areas shall not be reduced or encroached upon in any manner unless a change in use occurs which permits a change in the amount of loading area required.

3.

No part of an off-street loading area required by this Ordinance for any nonresidential building or use shall be included as part of an off-street loading area similarly required for another building or use, unless the type of buildings or uses indicates that the usage of such loading area would not occur simultaneously, as determined by the Board of Appeals.

5.2.3 Table of Loading Requirements. The number of off-street loading spaces shall be the minimum required for the uses indicated, as set forth in the Table of Loading Requirements. Each loading bay shall contain not less than three hundred (300) square feet of area, not including necessary driveways, except for tractor-trailer loading bays which shall contain not less than five hundred forty (540) square feet of area, not including necessary driveways. Each loading bay shall have not less than fourteen (14) feet of overhead clearance.

For regulations on signs, refer to the Salem Sign Ordinance.

5.4.1 Purpose and Intent. The purpose of this section is to expand the City of Salem's housing stock, especially its Affordable Housing Units; to leverage market-rate housing production towards the production of Affordable Housing Units; to provide for housing choices for households of all incomes, ages, and sizes; to increase the production of Affordable Housing Units to meet employment needs; and to establish standards and guidelines in order to implement the foregoing.

At a minimum, Affordable Housing produced through this regulation should be in compliance with the requirements set forth in G.L. c. 40B sect. 20-24 and other Affordable Housing programs developed by state, county, and local governments. It is intended that the Affordable Housing Units that result from this section be considered as Local Action Units, in compliance with the requirements specified by the Massachusetts Local Initiative Program. Definitions pertaining to this section can be found in Section § 10.0 of this ordinance.

5.4.2 Applicability.

1.

This Section § 5.4 applies to any subdivision or development, whether new construction, conversion, adaptive reuse or expansion of an existing structure, involving the creation of six (6) or more dwelling units. It applies to all residential dwelling types as defined by the Salem zoning ordinance with the exception of assisted living residences, nursing or convalescent homes, and other similar uses.

a.

A subdivision or division of land shall mean any subdivision as defined in the Subdivision Control Law, G.L. c.41, § 81K-81GG, or any division of land under G.L. c.41, § 81P, into lots for residential use.

b.

Developments shall not be segmented or phased to avoid compliance with this Section. "Segmentation" shall mean any development or any division of land that would cumulatively result in an increase of six (6) or more residential lots or dwelling units above the number existing on a parcel of land or contiguous parcels in common ownership up to twenty-four months prior to the application. Where such segmentation occurs, it shall be subject to this Section.

2.

This Section § 5.4 does not apply to the rehabilitation, repair or reconstruction of any building or structure, all of or substantially all of which is destroyed or damaged by fire or other casualty or a natural disaster; provided, however, no rehabilitation, repair or reconstruction shall result in a net increase of six (6) units beyond what previously existed prior to the damage or destruction thereof except in conformance with this Section.

3.

No special permit or site plan review for a development requiring a special permit or site plan review, and no building permit for a use permitted as of right, shall be issued for a development subject to this Section § 5.4 unless the applicant provides the percentage of the total dwelling units in the development as Affordable Housing Units as described herein.

4.

For projects in the Central Business (B5) District, this Section § 5.4 shall be applicable upon approval of an Economic Feasibility Analysis by the Executive Office of Housing and Livable Communities.

5.4.3 Mandatory Provision of Affordable Units.

1.

Affordable Housing requirement. As a condition of development, the applicant shall contribute to the local stock of Affordable Housing Units in accordance with the following requirements:

a.

In any development subject to this Section § 5.4:

i.

For developments up to twenty (20) units in size, at least eight (8) percent of the dwelling units shall be Affordable Housing Units.

ii.

For developments twenty-one (21) units or larger in size, at least ten (10) percent of the dwelling units shall be Affordable Housing Units.

b.

Affordable Housing Units required by this Section § 5.4 shall be made available to eligible households with incomes at or below sixty (60) percent of Area Median Income (AMI) at purchase prices or rents that adhere to the income limits determined by the U.S. Department of Housing and Urban Development (HUD) applicable to the City of Salem, and shall comply with the Massachusetts Local Initiative Program regulations.

c.

Nothing in this Section shall preclude the applicant from providing additional Affordable units, or greater affordability, or both, than the minimum requirements.

2.

Special Permit for Tiered Affordability.

a.

Purpose. Adaptive reuse of abandoned, underutilized or functionally obsolete properties as housing enables growth in established locations while preserving or restoring the architectural fabric of Salem. In the event that an adaptive reuse project in the Central Business (B5) zoning district would not be feasible with the Affordable unit requirements of Section 5.4.3, the Affordability unit requirements of Section 5.4.3 may be met by a special permit from the Planning Board that would allow tiered affordability levels of the required Affordable units up to 80 percent of the area median income if all the criteria of Section 5-4.3 (2) are met.

b.

Eligibility.

i.

The project must be located in the Central Business (B5) zoning district.

ii.

The incentives of Section 5.4.4 are not permitted if the Affordable unit requirements of Section 5.4.3 are met by a special permit.

iii.

The applicant shall obtain a letter from the Salem Historical Commission that determines:

1.

The building is located on the State Register of Historic Places or that the building is significant in the history, archaeology, architecture or culture of Salem.

2.

The building is a minimum of fifty (50) years old.

3.

The exterior work comply with the Secretary of the Interior Standards.

iv.

The applicant shall obtain a positive recommendation letter from the Affordable Housing Trust Fund Board concerning the proposed affordability tiers.

c.

Criteria for a Tiered Affordability Special Permit.

i.

Increasing the affordability level of any of the required Affordable units above sixty (60) percent of the area median income is discouraged. The applicant shall demonstrate to the Affordable Housing Trust Fund Board that all other resources have been exhausted.

ii.

The applicant shall provide financial pro-forma to the Affordable Housing Trust Fund Board that demonstrates the affordable unit provisions in Section 5.4.3(1) would prevent the adaptive reuse project from being financially feasible. The pro-forma shall use DHCD's Chapter 40B Guidelines for determining whether the project is "uneconomic" and related terms such as "return on total cost" and "net operating income" or other guidelines that are recognized by real estate and affordable housing industry standards that are determined to be acceptable by the Affordable Housing Trust Fund Board.

iii.

The pro-forma will be peer reviewed by a third-party accountant chosen by the Affordable Housing Trust Fund Board and paid for by the applicant. The Affordable Housing Trust Fund Board shall include consideration of the criteria in Section 5.4.3(2)(c) i and ii in their recommendation letter to the Planning Board.

iv.

A permanent preservation restriction mutually agreed upon between the applicant and the City of Salem Historical Commission shall be provided to the City of Salem to protect the historically significant features of the exterior of the building.

3.

On-site requirement. All Affordable Housing Units shall be provided on-site.

4.

Fractions. When the requirement for Affordable Housing Units results in a fraction of a unit, the applicant shall have the choice to round up to the next whole number or convert the fraction of a unit to a cash payment to the Salem Affordable Housing Trust Fund. For example, a 24-unit project would require 2.4 Affordable Housing Units (ten (10) percent of twenty-four (24)); the last four and tenths (0.4) unit may be satisfied by providing an additional Affordable Housing Unit (for a total of three (3) Affordable Housing Units) or through a cash payment equivalent to four tenths (0.4) unit.

The payment shall be based on the total development cost limit for urban areas outside Metro Boston as articulated in the most current Massachusetts Qualified Allocation Plan for the Low Income Housing Tax Credit Program, issued by the Department of Housing and Community Development (DHCD), the Executive Office of Housing and Livable Communities (EOHLC), or its successor agency.

For projects using historic tax credits or other historic preservation incentives, the cost of the historic credit or incentive may be subtracted from the total development cost limit.

5.4.4 Housing Bonus and Parking Reduction. Developments subject to this Section 5.4, with the exception of those obtaining a special permit pursuant to Section 5.4.3.2, may incorporate either or both of the following:

1.

Housing Bonus. Developments in compliance with the requirements of this Section § 5.4 are permitted an increase of up to 25% of the total number of units that would normally be permitted in the applicable zoning district. The requirements of Section 5.4.3.1 shall be calculated based on the total number of new units, including units created through the housing bonus.

a.

The minimum lot area per dwelling unit normally required in the applicable zoning district shall be reduced by the amount necessary to permit the additional units. This reduction of the minimum lot area per dwelling unit shall be by right for developments in compliance with the requirements of this Section § 5.4.

b.

The number of stories normally permitted in the applicable zoning district may be increased by one (1) story provided it does not exceed the maximum height, and all yard and setback requirements normally required in the applicable zoning district may be reduced by up to fifty (50) percent, with a Special Permit granted by the Planning Board. In granting a Special Permit, the Planning Board will consider the Special Permit criteria established in Section 9.4.2 and whether the permit is necessary to provide for the additional units permitted by the density bonus.

2.

Parking Reduction. Developments in compliance with this Section § 5.4 are permitted to reduce the number of required parking spaces as follows:

a.

For developments located within a half-mile of a commuter rail station, the development is permitted to reduce the number of parking spaces to one (1) parking space per dwelling unit. This parking reduction shall be by right for developments in compliance with the requirements of this Section § 5.4. For purposes of this ordinance, the half-mile distance shall be measured by applying a half-mile radius originating from each point of entry at a commuter rail station. Any parcel that is touched by the half-mile radii shall be considered included within a half-mile distance. Distance shall be confirmed by the City of Salem's Department of Planning and Community Development.

b.

For developments located further than a half-mile from a commuter rail station, the development is permitted to reduce the number of parking spaces to one (1) parking space per dwelling unit with a Special Permit granted by the Planning Board, if Transportation Demand Management (TDM) practices are incorporated, as evidenced by a Transportation Demand Management Plan to reduce demand for parking, and approved by the Planning Board as a condition of project approval. The Planning Board will assess the need for TDM measures based on site location. TDM methods to reduce parking demand on site may include but are not limited to:

i.

Shared Parking: To implement shared on-site parking, the applicant shall demonstrate that proposed uses are non-competing. In mixed-use developments, applicants may propose a reduction in parking requirements based on an analysis of peak demand for non-competing uses;

ii.

Use off-site parking to satisfy parking requirements;

iii.

Pay a stipend to residents without cars;

iv.

Provide a guaranteed emergency ride home;

v.

Provide transit pass subsidies;

vi.

Provide covered bicycle parking and storage;

vii.

Provide bicycle or car sharing on site;

viii.

Other means acceptable to the Planning Board.

c.

For adaptive reuse projects located within the Central Business (B5) district, the development is permitted to reduce the number of parking spaces to zero parking spaces per dwelling unit, provided the project conforms with Section § 5.4.3.(2).b.iii.

5.4.5 Provisions Applicable to Affordable Housing Units.

1.

Location. All Affordable Housing Units must be dispersed evenly throughout the development.

2.

Exterior design. The exterior of Affordable Housing Units must be indistinguishable from the market-rate units in terms of design, appearance, materials, and quality of construction.

3.

Interior size and finishes. The size and interior finishes of the Affordable Housing Units may differ from the market-rate units within the parameters described below:

a.

The Affordable Housing units must be supplied with the same base appliances and fixtures as the market rate units; for example, if market-rate units include a dishwasher, Affordable units must include one as well. However, the product specifications for the fixtures, appliances, and interior finishes in Affordable units may differ from those in the market-rate units, provided that such finishes and features are durable, of good quality, consistent with contemporary standards for new housing, and in compliance with the standards set forth by Local Initiative Program design and construction standards.

b.

Affordable Housing Units must be supplied with the same mechanical systems and energy efficiency features as market-rate units, including windows, insulation, plumbing, and heating and cooling systems.

c.

The bedroom mix in the Affordable Housing Units shall be proportionate to the bedroom mix of the market-rate units.

d.

Residents of Affordable Housing Units shall have similar access to all building and site common areas and amenities as residents of market-rate units, including but not limited to outdoor spaces, amenity spaces, storage, parking, bicycle parking facilities, and resident services.

e.

Compliance with Section 5.4.5 shall be determined by Salem Department of Planning and Community Development staff.

4.

Timing of construction of Affordable units and payment made. Affordable Housing Units must be constructed at a proportion of one (1) affordable unit for every five (5) Market Rate Units. The payment for fractional units, if applicable, shall be made before issuance of the Certificate of Occupancy.

5.4.6 Resident Selection and Marketing Plan for Affordable Units.

1.

Applicants creating new Affordable Housing Units under this Section § 5.4 are required to select qualified homebuyers or renters via lottery under an Affirmative Fair Housing Marketing Plan (AFHMP) prepared and submitted by the applicant and approved by the Salem Department of Planning and Community Development and the Executive Office of Housing and Livable Communities as part of the Local Initiative Program. The AFHMP must include a plan to address AFHMP requirements upon resale of ownership units. The marketing plan shall comply with federal and state fair housing laws and guidelines in effect on the date of filing of the special permit or other permit application with the City of Salem, No Certificate of Occupancy for a development subject to § 5.4 shall be issued unless the Salem Department of Planning and Community Development has determined that the applicant's AFHMP complies with this requirement. The affirmative marketing costs for the Affordable Housing units shall be the responsibility of the applicant.

2.

For ownership units, if the applicant agent is unable to find an eligible homebuyer within one hundred eighty (180) days of marketing the unit, in accordance with the AFHMP, the applicant may sell the property to a household earning up to eighty (80) percent of the area median income upon approval of the Affordable Housing Trust Fund Board.

5.4.7 Preservation of Affordability. Each Affordable Housing Unit created in accordance with this Section shall have limitations governing its resale through the use of an Affordable Housing Restriction. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for households at income levels required by this Section § 5.4.

1.

As a condition of development, all Affordable Housing Units provided under this Section § 5.4 shall be subject to an Affordable Housing Restriction in a form consistent with the LIP guidelines or any other applicable guidelines issued by DHCD, EOHLC, or its successor agency acceptable to the Planning Board, that ensures Affordable units can be counted toward Salem's Subsidized Housing Inventory. The Affordable Housing restriction shall run with the land and be in force in perpetuity or for the maximum period allowed by law, and be enforceable under the provisions of MGL c. 184, § 26 or §§ 31 and 32. Affordability restrictions shall be contained in applicable Affordable Housing Restrictions, regulatory agreements, deed covenants, contractual agreements, land trust arrangements and/or other mechanisms to ensure compliance with the affordability requirements of this Section.

The applicant shall be responsible for preparing and complying with any documentation that may be required by DHCD, EOHLC, or its successor agency to qualify Affordable Housing Units for listing on the Chapter 40B Subsidized Housing Inventory as Local Action Units.

2.

The Affordable Housing Restriction shall contain limitations on use, occupancy, resale and rents, and provide for periodic monitoring, by the City or its designee named in the deed rider as the monitoring agent, to verify compliance with and enforce said restriction. This monitoring is intended to verify that Affordable homeownership units remain owner- occupied and are resold at a price consistent with this Section § 5.4, and that Affordable rental units are occupied by tenants earning incomes described in this Section § 5.4 at rents they can afford. The applicant is responsible for providing ongoing monitoring through an organization qualified to serve as a monitoring agent on behalf of the City.

3.

The restriction shall establish that Affordable units created under the provisions of § 5.4 shall remain affordable to the designated income group in perpetuity, or for as long as legally permissible, per Affordable Housing restrictions that comply with Local Initiative Program requirements as they may be amended for inclusion in the Chapter 40B Subsidized Housing Inventory and is enforceable under G.L. c. 184, § 26 or §§ 31-32.

4.

The restriction shall grant the City of Salem or its designee the right of first refusal to purchase the property in the event that a subsequent qualified homebuyer cannot be located. In any and all instances Section 5.4.7(3) shall remain in effect.

5.

The Affordable Housing Restriction shall provide that initial sales and rentals of Affordable Housing units and subsequent re-sales and rentals shall comply with federal, state and local fair housing laws, regulations and policies, and Local Initiative Program guidelines. For Affordable homeownership units, the procedure for resale and the responsibilities of the homeowner, the City and/or its monitoring agent, and EOHLC are described in detail in the Local Initiative Program regulations.

6.

The Affordable Housing Restriction shall provide that, in the event that any Affordable rental unit is converted to a condominium unit, the condominium unit shall be restricted in perpetuity as Affordable to the income level required for Affordable ownership units in Section 5.4.3.1.

7.

No Certificate of Occupancy shall be issued until the applicant executes an enforceable agreement with the City and provides evidence acceptable to the Salem Department of Planning and Community Development that the agreement has been recorded at the Essex County Registry of Deeds. It is the applicant's responsibility to prepare a complete regulatory agreement, to obtain the necessary signatures and to record a fully executed agreement at the Registry of Deeds prior to the issuance of any Certificate of Occupancy (or in the case of a subdivision, lot releases).

8.

For an Affordable homeownership unit, no Certificate of Occupancy shall be issued until the applicant submits documentation acceptable to the Salem Department of Planning and Community Development that an Affordable Housing deed rider has been signed by the homebuyer and recorded at the Essex County Registry of Deeds.

5.4.8 Conflict with Other Sections. The provisions of this Section § 5.4 shall be considered supplemental of existing sections of this zoning ordinance. To the extent that a conflict exists between this Section § 5.4 and others, the provisions of this Section § 5.4 shall apply.

5.4.9 Severability. If any portion of this Section is declared to be invalid, the remainder shall continue to be in full force and effect.

(Ord. of 12-21-23 , § 1)